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August 2022

“If the public servants can be legally protected for the bonafide errors in their action, there is no reason for not extending such a protection to the medical professionals” – Karnataka High Court

Dr. Ganesh Nayak v/s V. Shamanna & Ors.
15MLCD (j307) | Karnataka High Court, Bengaluru
Judgement in favour of: Doctor
MedLegal Issues: Precautions - Unusual

Surgeon punished for associating with a nursing home run by a quack - "A perfect example of malaise which plagues numerous nursing homes," observes Medical Council

Janak Raj Dhami & Anr. v/s Manju Gupta & Ors.
15MLCD (j310) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Qualifications / Expertise / Skills, Surgery / Procedure / Intervention - Post, Hospitals - RMOs / Consultants, Law on Medical Negligence

Hospital takes a bizarre defence - Why was the mop removed from the patient's abdomen during subsequent surgery not sent for biopsy?

Pravinbhai Naranbhai Sonara v/s Kesar SAL Hospital
15MLCD (j314) | Gujarat State Consumer Disputes Redressal Commission, Ahmedabad
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Accidents / Mishaps / Mistakes / Incidents, Courts / Legal Proceedings - General Precautions, Advising investigations / diagnostic procedures, Medical Records - Preserve / Provide / Produce, Law on Medical Negligence

Court rejects patient's complaint as it was based on newspaper advertisement and not on opinion of any medical expert

Paresh Ojha v/s Dr. Abhishek Mukherjee & Ors.  
15MLCD (j325) | West Bengal State Consumer Disputes Redressal Commission, Kolkata
Judgement in favour of: Doctor
MedLegal Issues: Emergency Patients - General Precautions, Courts / Legal Proceedings - General Precautions, Precautions - General Precautions, Fees, Referral / consultations / second opinion - Precautions for referring doctors, Communication with patients / attendants, Advertisement / Signboards / Soliciting Patients, Surgery / Procedure / Intervention - General Precautions

Gynaecologist held negligent for not following international guidelines in a case of borderline ovarian malignancy

M/s Artemis Health Institute & Ors. v/s Manvika Banswal & Ors.
15MLCD (j328) | Haryana State Consumer Disputes Redressal Commission, Panchkula
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, "Accepted Medical Practice", Law on Medical Negligence

Insurance policies obtained only by the doctors of the hospital – Supreme Court refuses to direct the insurance company to pay for the hospital's liability

M/s Sheth M L Vaduwala Eye Hospital v/s Oriental Insurance Company Limited and Ors.
15MLCD (j335) | Supreme Court of India
Judgement in favour of: None
MedLegal Issues: Precautions - Unusual, Courts / Legal Proceedings - General Precautions, Insurance, Hospitals - Nursing / Staff, Hospitals - Sterilization

"It is immaterial whether any harm is caused or not ... mere act of issuing a wrong test report" is negligence

Anjana Agrawal & Anr. v/s Lifeline Laboratory & Ors.
15MLCD (j339) | Delhi State Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Pathology Laboratories / Imaging Centers, Law on Medical Negligence

The Medical Superintendent who was not even in service when the patient was hospitalised held negligent!

Dr. Reema Gogia v/s Anoop Kumar & Ors.
15MLCD (j344) | National Consumer Disputes Redressal Commission, New Delhi
Judgement in favour of: Patient
MedLegal Issues: Precautions - Unusual, Emergency Patients - Hospitals (Precautions), Special Situations - Complications during treatment / intervention, Tele-medicine, Hospitals - General Precautions, Hospitals - Admitting patients, Hospitals - Nursing / Staff, Law on Medical Negligence

    From the Editors Desk
  • Handing Over The Baton – Welcome Dr. Shreekant Shetty, our new Editor

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  • What are the changes that have happened in your journal?

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  • We want you to be acquainted with both sides of the coin

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  • How is this journal made?

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  • The First Editorial

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From the Editors Desk
Key Features
  • Publishes ‘real time judgments’ on medical negligence from higher courts
  • Every judgment is further summarized in simple, non-legal language
  • Comprehensively guides a doctor on avoiding MedLegal issues
  • Suggests practically useful ‘Do’s & Don’ts’ in day-to-day practice
  • Cases selected / analyzed solely from a doctor’s viewpoint
  • Editorial team comprises of lawyers and doctors
  • Designed to pass relevant information quickly / effortlessly
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